The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in the instant case is a person driving Cchip vehicles.

On June 16, 2015, the Defendant opened a door on the side of the driver’s seat to drive a vehicle after parking the vehicle in the front parking lot of the commercial building located in the Gu apartment building (hereinafter “instant apartment”) during Ansan-si (hereinafter “instant parking lot”).

In such a case, even if the driver did not check the safety of the vehicle and did not open or get off the door of the vehicle, the driver neglected to do so and instead received the knee part of the victim E (61 years old, South) who knee in the front side of the Defendant vehicle due to his negligence and knee part of the driver's seat of the Defendant vehicle.

Therefore, even though the defendant suffered injuries, such as kneee's knee's knee's knee's knee's knee, he immediately stopped and left the scene without taking measures such as providing relief to the victim.

B. The lower court found the Defendant guilty on the grounds indicated in its reasoning.

2. Summary of reasons for appeal;

A. In light of the legal doctrine, the instant parking lot does not constitute a road under the Road Traffic Act, but is not a temporary operation under the stop condition at the time, and thus, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) does not apply to a traffic accident that occurred during the summer period.

B. The Defendant had no intention to commit an escape at the time.

3. Determination on whether a deliberation was made

A. Article 5-3(1) of the Act provides that “Where a driver of the pertinent vehicle commits a crime under Article 268 of the Criminal Act due to the traffic of a motor vehicle or motor bicycle under Article 2 of the Road Traffic Act, such as aiding the victim, etc., and runs away without taking any measure under Article 54(1) of the Road Traffic Act, the case where the driver of the relevant vehicle runs away.”

However, there is a problem.